Notes

Internal email from Tom Luster to Kevin Fitzpatrick dated January 12, 2000, discussing the legal distinction between Clean Water Act Section 401(d) and Section 402(a) as applied to Sea-Tac Airport water quality (WQ) and State Environmental Policy Act (SEA/SEPA) policies. Email quotes statutory language verbatim: 401(d) uses mandatory ‘shall’ language for effluent limitations and monitoring requirements as conditions on Federal licenses or permits, while 402(a) uses discretionary ‘either/or’ language allowing the EPA Administrator to issue NPDES discharge permits meeting either all applicable requirements under sections 1311, 1312, 1316, 1317, 1318, and 1343, or interim conditions. Luster notes a forthcoming discussion memo on applying this distinction to WQ/SEA policies. AR033733, ECY00007257, Exhibit-2116.

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As the source for federal transportation grants, the Puget Sound Regional Council was charged with developing a system to meet the growing need for commercial aviation. When the search for a second airport failed, they authorized the Port of Seattle to build the Third Runway, with a mandate to develop a noise abatement and mitigation program. In their effort to stop the Third Runway, the ACC argued over every detail of the Port's efforts--including property buyouts and sound insulation. The dispute was meant to be settled by a three member Expert Arbitration Panel. This is their final report. It finds 2-1, that the Port's program was insufficient in several respects. Despite that, funding for the Third Runway was approved by the PSRC, and the 'Port Package' program, proceeded largely unchanged. Expert Arbitration Panel's final decision finding that the Port of Seattle had not shown sufficient reduction in real on-the-ground noise impacts to satisfy noise reduction conditions required for approval of a third runway at Sea-Tac International Airport. The majority decision concluded the Port's noise abatement programs were insufficient despite being impressive in scope.

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